Supreme Court Denies Hearing Challenge to Roe v. Wade Abortion Case

National   |   Steven Ertelt   |   Feb 23, 2005   |   9:00AM   |   WASHINGTON, DC

Supreme Court Denies Hearing Challenge to Roe v. Wade Abortion Case Email this article
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by Steven Ertelt Editor
February 23, 2005

Washington, DC ( — The Supreme Court will not hear a challenge to the 1973 Roe v. Wade case that allowed unlimited abortion. Norma McCorvey, the Roe in the case, hoped to have the court overturn it based on new evidence of abortion’s adverse impact on women.

The high court’s justices, without comment, declined to hear an appeal of a federal appeals court decision throwing out McCorvey’s Rule 60 case. A Rule 60 motion allows an original litigant in a lawsuit to ask a court to overturn its decision if new information is discovered in the case.

McCorvey’s new information consisted of thousands of affidavits from women who had abortions and regret their decision. The women say their abortions subjected them to considerable emotional and physical damage.

"This doesn’t alter the fact that children are still being killed, and women are being crippled mentally and emotionally," McCorvey said.

Allan Parker, president of The Justice Foundation, the pro-life law firm that was handling the case for McCorvey, said it was "tragic and disappointing" that the Supreme Court would not "consider the aftermath of 32 years of abortion and its devastating affect to women, their families, and our culture."

"This year alone, 100,000 women will be in abortion recovery programs across the nation. We find it sad and tragic that their voices have been rejected," Parker explained.

Parker emphasized that the court’s decision does not reflect their views on the Roe case. Currently, the court favors Roe by a 6-3 margin, with Justices Rehnquist, Thomas and Scalia opposing the pro-abortion decision.

McCorvey became pro-life during the mid 1990s, but decided to challenge the Roe v. Wade ruling recently as a result of new technology dramatically increasing the chances that unborn children can survive at earlier stages of viability than before.

Last year, a three judge panel of the 5th Circuit Court of Appeals rejected McCorvey’s case.

The case is McCorvey v. Hill, 04-967.

Related web sites:
Justice Foundation –
Roe No More –


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